Traumatic Brain and Spinal Injuries in the Summer

Brain and Spinal Injuries

In Pennsylvania, the summertime can be known as the “season of freedom.” Pools, lakes, waterparks, theme parks, and other outdoor activities are prolific. Everyone engages relentlessly in these as winters can be very dull and dim.

Even individuals that live closer to mountains can get on dirt bikes for adventure. The motorcycles are pulled out of storage as well. Highways become crowded with individuals in a hurry to get to the next outing in nature.

With this freedom, though, come more catastrophic injuries. Although signs exist at all lakes and swimming pools about “no diving” in shallow waters, this happens. Dirt bikers spin “wheelies,” and motorcyclists weave in and out of traffic.

Theme parks and waterparks see their share of accidents too. Although care is given to ensure safety, machinery breaks down, and individuals slip and fall in these adventure venues. Even death can occur as some parks experience falls that are fatal to visitors.

Doctor, brain injury

Catastrophic Brain and Spinal Injuries in the Summertime. 
These types of injuries are life-changing and can lead to death or serious disability. Some of the most common are the following: 
·       Spinal injuries
When the summer heat hits, it is always tempting for individuals to dive into the cool water head first. Unfortunately, this is many times done unsafely in shallow waters. In addition, July in PA is the number one month in which spinal injuries occur while diving into shallow waters. 
 
The compression, speed, and inflection put pressure on the spine, and paraplegia or quadriplegia can occur. Paraplegia is being paralyzed from the waist down, while quadriplegia is total paralysis from the neck down. Car, motorcycle, and dirtbike accidents can also contribute to spinal injuries. 
 
• Catastrophic brain injuries
These also occur while diving into shallow waters and hitting one’s head first. However, these are more common during car accidents, especially motorcycle and dirt bike accidents. Even simple cyclists can experience a catastrophic brain injury. 
 
Helmets are always advised while riding motorcycles, dirt bikes, and routine bicycles. The freedom of going “helmetless,” however, is very appealing to individuals. 
 
Catastrophic brain injuries are also called Traumatic Brain Injuries simply because they are caused by an injury or trauma. These can involve both minor and major concussions. Minor concussions can many times heal themselves, while major concussions can leave scarring in the brain and impair functioning. 
Another result of a concussion is that it can be more extensive than when it first occurs. There is a medical condition listed by the Social Security Administration as “Post Concussion Syndrome” (PCS). 
 
This causes the symptoms to recur throughout life of loss of balance, changes in vision and hearing, and headaches that do not respond to treatment. This is why it is important to contact an attorney when any brain injury or concussion occurs. 
 
Hospital bills, both at the time of the injury and even perhaps for life, will be a problem when not covered fully by insurance. A monetary settlement can be a good choice for individuals hurt on the job when dealing with a brain injury of any type. 
 
Steps to Take with Spinal and Brain Injuries
1. Document the time and place of the injury. 
2. Seek medical attention even if it seems minor, as both types of injuries do not immediately show symptoms.
3. Take pictures and, if possible, get the names of all witnesses, whether the injury occurs on a highway, at a theme park, outdoor park, or on the job. 
4. If hospitalized, or sent home, contact an attorney to go over all options and what the procedures are for filing a complaint and initiating a lawsuit. Ensure that the attorney contacted has experience in negligence lawsuits and/or workman’s compensation injuries. 
5. Follow up on all doctor’s appointments as instructed by medical staff, even if feeling well. Surprises with these types of injuries are all too common. 
 
Summary—Traumatic Brain and Spinal Injuries in the Summer
These are all too common, unfortunately, and can have lifelong dire consequences. It pays to ensure that a good attorney with a team in place to litigate on a defendant’s behalf in these cases is onboard ASAP. 
 
Christian J. Hoey, ESQ of Hoey Legal of Paoli, PA, has spent decades winning settlements for all types of cases of this type, where the Duty of Care has been neglected. The neglect of Duty of Care can be by an employer, a facility such as a theme park or waterpark, or even by another driver on a roadway. 
 
Enjoy the summer, but remember that Christian J. Hoey, ESQ, and HoeyLegal stand ready to pursue your rights if and when needed! All it takes is a simple phone call: 1-888-GO-Hoey!
 
For more information on all our law services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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